Case Results

May 2012 Destruction of Property Charges: Dismissed Twice

Police charged an Auto Zone employee who was attacked by a customer for maliciously destroying store property that he accidentally damaged while defending himself during the attack. The employee smartly retained the legal services of Attorney Calcagni who successfully had this case which was filed against the man two times completely dismissed on both occasions.

An Auto Zone employee on duty observed a female co-workerӳ estranged husband enter the store while the co-worker was at the store register. The estranged couple got into a heated verbal argument. The Auto Zone employee intervened on his co-workerӳ behalf in an attempt to quell the situation. The estranged husband then became confrontational with the employee and pulled out a knife. The Auto Zone employee in an attempt to defend himself grabbed a metal breaker bar from the store shelf in order to ward off the enraged husband. The estranged husband then retreated from the store to his car in the parking lot. Moments later he then returned with a baseball bat. The husband swung the bat at the Auto Zone employee who still had the breaker bar in his hand. In an attempt to defend himself and his female co-worker the employee responded by swinging the breaker bar toward to enraged husband. In doing so the employee accidentally broke and shattered the storefront window. The estranged husband then swung the bat again violently this time striking the employee several times. These blows inflicted physical injuries upon the employee for which he later received medical treatment to include stitches. Police were contacted and responded to the scene. By the time of their arrival the estranged husband had fled the store and the injured employee was at the hospital undergoing treatment. After conducting a biased and lackluster investigation of what had transpired at the store that day police ultimately charged both men with criminal offenses: the estranged husband with Assault and Battery and Assault with a Dangerous Weapon; and the injured Auto Zone employee with Defacing Property.

The Auto Zone employee hired the services of Attorney Calcagni. After carefully reading the criminal complaint and supporting police report against the employee Attorney Calcagni quickly realized that the police mischarged his client. In response he moved to dismiss the case. The Court received Attorney Calcagniӳ motion and granted it thereby dismissing the case in its entirety. Scorned with defeat prosecutors quickly refiled charges against the employee this time with the felony offense of Malicious Destruction of Property. In preparation for his clientӳ defense Attorney Calcagni interviewed management personnel from Auto Zone. Managers set forth in an affidavit that their employee acted in self-defense when he broke the window. Managers further attested that the employee had not been disciplined or sanctioned by the company for the shattered window and though the window had been repaired at the companyӳ expense Auto Zone did not seek restitution or financial reimbursement from its employee who remained gainfully employed in good standing with the company. Attorney Calcagni presented this information to prosecutors and successfully convinced them that the Auto Zone employee was the victim and not the assailant in this case. He further convinced prosecutors that his client had been unjustly charged criminally not once but twice. Attorney Calcagni then successfully negotiated for this case to be dismissed again permanently.

Criminal Defense

Military Defense

Reviews

John Calcagni is the best of the best. I retained him multiple times to represent me in various military matters, to include administrative separation. John is an expert in his field. He is knowledge, professional, caring and aggressive. He has obtained nothing but top results and success on my behalf. I recommend him to anyone in need of legal representation. If you want the number one lawyer in your corner, John is your man.

Andrew Michaud

13:21 21 Sep 18

I had the pleasure of working with John and his team this past year and I couldn't be happier with the service I received. John and his team were professional, courteous and most of all incredibly effective. If I ever need legal services again I will definitely engage John Calcagni and his outstanding team again.

MARY DEBELLO

18:23 11 Sep 18

I highly recommend John Calcagni and his team. My daughter attends college in RI and we live in NY. She found herself in trouble and was arrested on a Disorderly Conduct matter. Our good friend is an attorney in NY and when we realized he could not represent us in RI he found a colleague who highly recommended John. From the first conversation with John, who responded to my initial message immediately, I knew we would be in good hands. He answered all questions and explained the process in as much detail as needed. He was very confident that he would get the charges dismissed. He worked closely with my daughter (his client) while keeping in touch with us, the parents. John was always attainable to us via email, text or phone call and took his time to be sure we understood each step of the case. John delivered the outcome he promised and exactly what we were looking for, we couldn't be more pleased. I would not hesitate to recommend him and (god forbid) I need assistance with the law in RI again, he would be the first call I make!! Thanks John for everything you did for our daughter!!! Mary and Wayne DeBello

Jen Marie

22:33 23 Jun 18

I don’t know where to begin! When I first met with John, I immediately felt like I was in good hands. He is charismatic, funny and really takes the time to get to know you and get a feel for your case. He was very detail oriented and thorough and worked with me for almost two years. Through this exhausting and stressful process, he made me feel comfortable and made sure I understood what was going on every step of the way. I am so thankful I went with John and would absolutely, without a doubt recommend him to anyone who needs help.

John Madden

18:11 05 Sep 18

I'm an active duty soldier and I got a DUI. I deserved the penalties and reprimands but I did not deserve to loose everything. When I was notified that I would be facing a QMP board for separation I knew I had to do all I could to fight back against it for myself and for my family. I am extremely grateful for John and his team. I had no idea about the list of standards I was up against that the board would use to determine weather or not I could keep my job and continue to support my family. Mr. Calcagni systematically itemized and proved beyond a doubt that I met and or exceeded each standard giving the board a clear picture that I still hold value to the Army. He took my personal side and my professional side along with all the legal points and drafted a rebuttal that saved my career. Had I attempted to go against the board on my own I would have surely been denied. Not because I deserved it, but because it is a battle that soldiers are not equipped to deal with on their own and the Army provides zero support. It's terrifying to think back about all that I was up against that I didn't even know about. John and his team come highly recommended and I can't thank them enough for leveling the playing field and placing the control of my career back into my hands. My family and I are forever grateful.

Mr. Calcagni is an absolute LIFE SAVER!!! He is genuinely one of the most intelligent people I have ever met in my life! He masterfully saved my husband's naval career TWICE when we thought all hope was lost at a command where bias and dishonesty rule. My husband and I are forever in his debt and there is not enough we could do or say to show our gratitude. He has a big heart and he fought hard for our family. We would recommend him a thousand times over!!!!